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On January 28, the North Dakota Libertarian Party filed this Reply Brief in North Dakota Libertarian Party v Jaeger, in the 8th circuit. This is the case that challenges that state’s ballot access rules for minor party legislative candidates. The law requires the legislative candidates of all qualified parties to run in a party primary, and in that primary, they must poll a number of votes equal to between approximately 8% and 15% of the total number of people who cast a ballot in all party primaries put together.

Because very few voters ever choose a minor party primary ballot, the law effectively prevents minor parties from ever placing candidates for the legislature on the November ballot. No minor party legislative candidate has appeared in the November election in North Dakota since 1976.